LexBlog IP

FEBRUARY 15, 2024

Court precedent and the United States Patent and Trademark Office (USPTO) guidelines have taken the place of written law to guide the USPTO in matters relating to AI. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. If AI-related patent applications and grants are on the uptick, what was the problem with DABUS?

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Patently-O

APRIL 24, 2023

Vidal , a case involving inventor Dr. Stephen Thaler’s attempt to patent an invention created by his artificial intelligence (AI) system, DABUS. In his petition to the Supreme Court, Thaler asked if the Patent Act restricts the statutory term “inventor” solely to human beings.

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Intellectual Property Law Blog

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. Everyone involved in the filing and prosecution of a U.S. On February 13, 2024, the U.S.

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LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115. .”

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JD Supra Law

AUGUST 12, 2022

5, 2022), that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming earlier rulings from the United States Patent and Trademark Office (USPTO) and the lower court in the Eastern District of Virginia. A federal court ruled last week in Thaler v.

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IP Watchdog

SEPTEMBER 7, 2021

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S.

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LexBlog IP

DECEMBER 6, 2023

Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. In the United States, small entity status may be established if an applicant meets certain conditions.

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IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. While South Africa and Australia answered in the affirmative, finding that AI passes the inventor test, the U.S.

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The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

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Intellectual Property Law Blog

OCTOBER 4, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Overall, AI is increasingly used in biotechnology, however biotechnology AI patenting is diffusing across all technologies, owners, and inventor-patentees. that filed U.S.

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JD Supra Law

OCTOBER 6, 2021

Earlier this month, a federal district court issued the first judicial decision in the country addressing whether an AI system can be an "inventor" under U.S. patent law. The decision was rendered by the U.S. District Court for the Eastern District of Virginia in Thaler v. Hirshfeld on appeal from the U.S.

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JD Supra Law

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. By: BakerHostetler

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JD Supra Law

FEBRUARY 21, 2024

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being.

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TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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LexBlog IP

JULY 27, 2023

When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs? Typically, the drawings in a utility patent application are submitted in black and white.

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Velocity of Content

MARCH 16, 2022

Patent and Trademark Office (USPTO) held a second symposium looking at the potential for change in the treatment of machine-created works. Stephen Thaler , owner and developer of a patent-writing program known as DABUS , submitted patent applications in several countries. And then, in 2021, the USCO and the U.S.

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LexBlog IP

MAY 9, 2022

In many cases, it may be desirable to file a new patent application that both relies on information disclosed in a previous patent application and includes new information that builds on the previous disclosure. A Continuation in Part (CIP) application is designed for exactly such a purpose. ” 35 U.S.C. §

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IP Watchdog

MAY 14, 2023

Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S.

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Patent Law Law Inventor Patent 128

LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. PATENT SEARCH TOOLS. Google Patents. Attorney Consultations. Link: [link].

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JD Supra Law

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. By: Sheppard Mullin Richter & Hampton LLP

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JD Supra Law

FEBRUARY 16, 2024

The United States Patent and Trademark Office (USPTO) recently published guidance regarding artificial intelligence (AI) assisted invention. By: Ballard Spahr LLP

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JD Supra Law

AUGUST 11, 2023

Patent and Trademark Office (USPTO) extended its Climate Change Mitigation Pilot Program (CCMPP) in June 2023, encouraging inventors to play a more significant role in mitigating climate change. The CCMPP creates an opportunity for expedited examination of patent applications directed to technologies that mitigate climate.

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IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The application was filed on October 17, 2019, and is titled “Food Container”.

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LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

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IP Watchdog

APRIL 4, 2024

Court of Appeals for the Federal Circuit (CAFC) on Wednesday affirmed a number of district court orders against inventor Urvashi Bhagat, whose patent application was rejected by the U.S. Patent and Trademark Office (USPTO). patent application No. Bhagat’s U.S.

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IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

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Larson & Larson

MARCH 9, 2023

This article will explore the implications of AI inventorship, and discuss its potential benefits to inventors and the world at large. There are several ways in which AI can assist inventors. This can help inventors to quickly and efficiently identify which ideas are worth pursuing. Under 35 U.S.C. §

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Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. patents and patent applications. by Dennis Crouch The U.S. Vidal , 43 F.4th 4th 1207 (Fed.

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Intepat

DECEMBER 24, 2021

The question then becomes whether these AI-generated inventions are patentable under present patent law. In our previous blog post, we explained how the EPO released its judgment outlining the reasons for the rejection of two European patent applications in which an AI system was named as the inventor. BACKGROUND.

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IP Intelligence

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.

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Inventor Patent Invention Patent Application 52

LexBlog IP

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. ” Background. Procedural Posture. Thaler appealed to the U.S.

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IP Law 360

FEBRUARY 4, 2022

Patent and Trademark Office has urged the Federal Circuit to uphold a Virginia federal judge's ruling that artificial intelligence cannot be listed as an inventor on a patent application.

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JD Supra Law

FEBRUARY 23, 2024

A global consensus seems to be forming that an artificial intelligence (AI) system does not deserve—at least for now—to be named as an inventor on a patent application. The question is under consideration and being settled in most of the major countries where patents are sought. The UK Supreme Court (in Thaler v.

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Patent Trademark Blog

MAY 24, 2022

When do patents and trademarks overlap? Everyone once in awhile, a client may have IP rights that involve both patents and trademarks. When the two types of IP overlap, it helps to have a patent and trademark attorney that can carefully navigate pending IP applications to avoid forfeiting rights.

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LexBlog IP

SEPTEMBER 23, 2021

Patent and Trademark Office brought by an inventor that wanted his creation to be recognized as a creator itself. Stephen Thaler sued the USPTO for rejecting the patent application he submitted that listed DABUS, an AI, as the recognized creator of a beverage container and some new type of flashing lights.

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LexBlog IP

AUGUST 11, 2022

5, 2022), that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming earlier rulings from the United States Patent and Trademark Office (USPTO) and the lower court in the Eastern District of Virginia.

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